§ 37-15-9. Litter receptacles.
(a) The department shall design and the director shall adopt by rule or regulation one
or more types of state litter receptacles which are reasonably uniform as to size,
shape, capacity, and color, for wide and extensive distribution throughout the public
places of this state. Each litter receptacle shall bear an anti litter symbol as designed
and adopted by the department. In addition, all litter receptacles shall be designed
to attract attention and to encourage the depositing of litter.
(b) Litter receptacles of the uniform design shall be placed along the public highways
of this state and at all parks, campgrounds, trailer parks, drive-in restaurants,
gasoline service stations, tavern parking lots, shopping centers, grocery store parking
lots, liquor store parking lots, parking lots of major industrial firms, marinas,
boat launching areas, boat moorage and fueling stations, public and private piers,
beaches and bathing areas, and at such other public places within this state as specified
by rule or regulation of the director. The number of receptacles required to be placed
as specified herein shall be determined as prescribed by the director.
(c) It shall be the responsibility of any person owning or operating any establishment
or public place in which litter receptacles of the uniform design are required by
this section to procure and place the receptacles at their own expense on the premises
in accordance with rules and regulations adopted by the department. Litter receptacles
must be made available to the public as recommended by the department.
(d) The department shall establish a system of grants to aid cities, towns, and counties
in procuring and placing litter receptacles. The grants shall be on a matching basis
under which the local government involved electing to participate in this grant program
shall be required to pay at least fifty percent (50%) of the total costs of the procurement
of receptacles sufficient in number to meet departmental guidelines established by
rule pursuant to this section. The amount of the grant shall be determined on a case
by case basis by the director after consideration of need, available departmental
and local government funds, degree of prior compliance by the local government involved
in placement of receptacles, and other relevant criteria. The responsibility for maintaining
and emptying the receptacles shall remain with the unit of local government. The provisions
of this chapter as they may relate to any city or town shall not be construed to be
a reimbursable state mandated cost pursuant to §§ 45-13-7 — 45-13-10.
(e) Any person, other than a political subdivision, government agency, or municipality,
who fails to place the litter receptacles on the premises in the numbers required
by rule or regulation of the department, violating the provisions of this section
or rules or regulations adopted thereunder, shall be subject to a fine of ten dollars
($10.00) for each day of violation.